DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/8210)

LACK GROUP CONSTRUCTION PTY LTD / CFMEU SUPPLEMENTARY LABOUR HIRE COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 DECEMBER 2014

Application for approval of the Lack Group Construction Pty Ltd / CFMEU Supplementary Labour Hire Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Lack Group Construction Pty Ltd / CFMEU Supplementary Labour Hire Collective Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction Forestry Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application for approval of a supplementary labour hire collective agreement between Lack Group Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission, the body responsible for overseeing such agreements under the Fair Work Act 2009. The crux of the matter was the terms of the proposed agreement and whether it adhered to the legislative framework designed to regulate labour relations.

The legal issues before the court centred on the validity and compliance of the supplementary collective agreement with the provisions of the Fair Work Act. Specifically, the court had to determine whether the agreement met the requirements for approval, including whether it provided for fair and reasonable terms and conditions for the employees involved. The CFMEU argued that the agreement did not adequately protect the interests of the workers, while Lack Group Construction Pty Ltd contended that the agreement was fair and in the best interests of the employees.

The Fair Work Commission, in its reasoning, considered the broader context of labour relations and the need to balance the interests of both employers and employees. The court found that the proposed agreement provided for terms and conditions that were fair and reasonable, taking into account the specific circumstances of the labour hire industry. The court approved the supplementary collective agreement, acknowledging that it was in the best interests of the workers and did not contravene the provisions of the Fair Work Act. The decision was grounded in the understanding that such agreements, while allowing for flexibility, must still adhere to the overarching principles of fairness and reasonableness.

As a result of the court's decision, the Lack Group Construction Pty Ltd / CFMEU Supplementary Labour Hire Collective Agreement 2014 - 2017 was approved and authorised under the Fair Work Act. This outcome provides clarity and legal certainty for the parties involved, ensuring that the agreement can be implemented in accordance with the legislative framework governing labour relations in Australia.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established